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Judiciary

Cancellation of Bail for offence under GST justified if petitioner threatens witness

February 12, 2019 1350 Views 0 comment Print

Rajesh Jindal Vs Commissioner of Central Tax GST Delhi (West) (Delhi High Court) Counsel for the respondent says that statements have been recorded inter alia of one Sh. Deepak Taneja and Sh. Ravinder Tyagi, both of whom have stated, giving specifics, that the petitioner has threatened them since they were made dummy directors by the […]

Toll charge Collection on behalf of corporate entity liable to service tax under BAS

February 12, 2019 1638 Views 0 comment Print

Compensation received by assessee in respect of collection of toll and other assorted services on behalf of the corporate entity backed by Government was liable to service tax under the head ‘Business Auxiliary Services’ (BAS).

HC reduces penalty for minor lapses in E-way bill to Rs. 5000 from Rs. 18.96 Lakh

February 12, 2019 12153 Views 0 comment Print

Tvl. R K Motors Vs State Tax Officer (Madras High Court) It is also not in dispute that the bill is addressed only to the writ petitioner’s principal office at Sivakasi; delivery alone is to be made at Virudhunagar. I am of the view that even if by mistake, a wrong instruction had been given to the driver of the vehicle to head towards Sivakasi. Still it would not really matter. The only question that the respondent ought to have posed is […]

Annuity paid instead of toll charges to developers is exempt from GST

February 12, 2019 10065 Views 0 comment Print

In re Ms Nagaur Mukundgarh Highways Pvt. Ltd. (GST AAAR Rajasthan) Annuity payment is exempted from GST  in terms of Entry No. 23A of the Notification No.12/2017-Central Tax (Rate) Dt. 28.6.2017. However only 50% ITC of GST paid on Input & Input services used in the construction phase, is available. Full ITC of the GST […]

Receipt of compensation by Sushmita Sen in lieu of settlement of a sexual harassment case not liable to tax

February 12, 2019 4398 Views 0 comment Print

Amount received by SushmitaSen from Coca Cola Company in connection with settlement of a sexual harassment case was not liable to tax as the compensation received could not be termed as any benefit, perquisites arising to the assessee out of the exercise of profession.

Section 14A not applies to income based upon principle of mutuality

February 12, 2019 1707 Views 1 comment Print

Wodehouse Gymkhana Ltd. Vs ITO (ITAT Mumbai) The assessee claimed that it has earned the exempt income under the principle of mutuality. The assessee claimed its source of income on the basis of principle of mutuality and dividend / mutual fund dividend etc. and income not relating to mutual activity such as interest on bank […]

Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

February 11, 2019 2064 Views 0 comment Print

The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed.

Electronic Voting Machine (EVM) is an ‘information’ under RTI Act

February 11, 2019 912 Views 0 comment Print

Razaak K Haidar Vs CPIO (Central Information Commissioner) EVM which is available with the respondent in a material form and also as samples, as admitted by the respondent during the hearing, is an information under the RTI Act. The Commission also notes that as per the respondent, the software installed in the EVM is an […]

ITAT on Eligibility of Education expenses by company for its Director

February 11, 2019 10314 Views 0 comment Print

Expenditure incurred by assessee on education of director was incurred in furtherance of assessee’s business interest and hence, allowable.

No Anti profiteering on sale of Jockey Socks as tax rate was same pre & post-GST

February 11, 2019 1455 Views 0 comment Print

Kerala State Screening Committee on Anti-profiteering Vs M/s Sudarsans (NAA) DGAP has submitted in his report that the rate of tax on the product (Jockey Socks 7052 FS ASSTD) remained same in the pre-GST and the post- GST era. Moreover, the pre-GST and post-GST base prices (excluding tax) had remained the same. Therefore, the provisions […]

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